Legal Question in Social Security Law in Pennsylvania

who represents a man in a coma

My brother-in-law is in a coma from a severe head trauma. He has no living will or POA- he also lost his job about a month ago and has no medical insurance. He is dirt poor. My sister, his ex-wife, is being

badgered by the injured man's mother (who is out of state) to become his POA and apply for SSD, go for COBRA and coordinate everything. I think this is a major problem for her to do this. He has two kids that are 17 and 21, and are too young for this responsibility. Do you think this is a good idea? Also, isn't there a 5 month waiting period for SSD? Who is to pay the COBRA?

Thank you for any help.


Asked on 9/08/08, 9:06 am

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: who represents a man in a coma

It is too late for a Power of Attorney because a POA must be signed by the person. He can't sign if he is in a coma. Same with a living will.

This man should be eligible for Public Assistance and Medicare, so you need not pay COBRA.

Most hospitals and nursing care facilities have social workers who can help explain a family's options and contact state agencies.

This man's 21 year old child is legally old enough to act on his father's behalf.

The best thing to do is to file a Petition for Guardianship with the Orphans' Court and have the child or someone appointed to be this man's Guardian or legal representative. There are legal & court costs associated with this action. Check with legal aid or the County Bar Association to see in this can be done without cost.

The legal representative can file for SSI & SSD. SSA has procedure for substituting parties. It is best to go to the SSA office and have a caseworker explain what needs to be done.

There is a 5 month waiting period for SSD. It may take longer to get benefits approved. It depends on the medical evidence.

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Answered on 9/08/08, 9:39 am


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